Paragraph 5

(1)

Amend Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)^f1 as follows.

(2)

In paragraph A1(4), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.

(3)

In paragraph 2(5)(a), for “paragraph 4, 5, 5A or 6” substitute “paragraph 4, 5, 5A, 6 or 6A”.

(4)

In paragraph 2A, for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”.

(5)

In paragraph 3B(5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.

(6)

Amend paragraph 3C as follows—

(a)

in the heading preceding it, after “deceased spouse” insert “or civil partner”;

(b)

in sub-paragraph (1)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(c)

in sub-paragraph (1)(b)—

(i)

after “married to” insert “or was the civil partner of”; and

(ii)

after “marriage” insert “or civil partnership”;

(d)

in sub-paragraph (5)—

(i)

for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and

(ii)

after “deceased spouse” insert “or civil partner”.

(7)

Amend paragraph 4 as follows—

(a)

in the heading preceding it, after “deceased spouse” insert “or civil partner”;

(b)

in sub-paragraph (1)—

(i)

for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”;

(ii)

after “married to” insert “or was the civil partner of”; and

(iii)

after “other party to the marriage” insert “or civil partnership”;

(c)

in sub-paragraph (1A), for “paragraphs 5 to 6” (in each place) substitute “paragraphs 5 to 6A”;

(d)

in sub-paragraph (3)—

(i)

after “5th April 2000”^f2 insert “or a civil partner dies on or after 5th December 2005”;

(ii)

for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(iii)

in paragraph (a), after “deceased spouse” insert “or civil partner”;

(e)

in sub-paragraph (4)—

(i)

after “the former spouse” insert “or civil partner”; and

(ii)

after “the surviving spouse” (in each place) insert “or civil partner”.

(8)

Amend paragraph 5 as follows—

(a)

in sub-paragraph (1)(a)—

(i)

for “widow or widower” substitute “widow, widower or surviving civil partner”;

(ii)

after “married to” insert “or was the civil partner of”; and

(iii)

after “marriage” insert “or civil partnership”;

(b)

in sub-paragraph (2)—

(i)

at the end of paragraph (a), omit “and”; and

(ii)

at the end of paragraph (b), insert—

“, and

(c)

where W is a surviving civil partner, an amount equal to the sum of the amounts set out in paragraph 6A(2) below”.

(9)

After paragraph 6 insert the following paragraph—

“6A

(1)

This paragraph applies where W (referred to in paragraph 5 above) is a surviving civil partner.

(2)

The amounts referred to in paragraph 5(2)(c) above are the following—

(a)

one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,

(b)

one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and

(c)

one-half of any increase to which the deceased civil partner had been entitled under paragraph 5 above.”.

(10)

Amend paragraph 7 as follows—

(a)

in sub-paragraph (1)—

(i)

for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”; and

(ii)

in paragraph (b), after “surviving spouse” insert “or civil partner”;

(b)

in sub-paragraph (2), for “paragraph 5, 5A or 6” substitute “paragraph 5, 5A, 6 or 6A”.

(11)

Amend paragraph 7A as follows—

(a)

in the heading preceding it, after “deceased spouse” insert “or civil partner”; and

(b)

in sub-paragraph (2), after “widowed person's” insert “or surviving civil partner's”.

(12)

Amend paragraph 7B as follows—

(a)

in the heading preceding it, and in sub-paragraphs (1) and (5), after “widowed person's” insert “or surviving civil partner's”;

(b)

in sub-paragraph (2), after “other party to the marriage” insert “or civil partnership”; and

(c)

in sub-paragraph (5)(b)(i), for “paragraphs 5 to 6” substitute “paragraphs 5 to 6A”.

(13)

Amend paragraph 8 as follows—

(a)

in the heading preceding it, at the end add “and civil partners”; and

(b)

in sub-paragraph (3)—

(i)

after “married person” insert “or a civil partner”; and

(ii)

after “other party to the marriage” insert “or civil partnership”.

Annotations

Footnotes

f1: Schedule 5 was amended by paragraph 21 of Schedule 4 to the Pensions Act 1995 (c. 26) and paragraphs 1 to 14 of Schedule 11 to the Pensions Act 2004 (c. 35). Paragraph 7 of Schedule 5 was amended by paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).
f2: Section 39(1) of the Child Support, Pensions and Social Security Act 2000 (c. 19) provides that the reference to 5th April 2000 in sub-paragraph (3) shall have effect, and be deemed always to have had effect, as a reference to 5th October 2002.